People ex rel. McMoore v. Stinson

Appeal from a judgment of the Supreme Court (Berke, J.), entered December 13, 1996 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

We find that Supreme Court properly dismissed petitioner’s application for a writ of habeas corpus. A writ of habeas corpus is an inappropriate remedy inasmuch as petitioner could have raised, and concededly did advance, the adequacy of his arraignment on the felony complaint on his direct appeal and by way of a CPL article 440 motion (see, People ex rel. Hardy v Kuhlmann, 183 AD2d…